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appointments by assembly


Guest nole payne

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Our bylaws states vacancies for executive board officers shall be filled by appointment by the voting assembly at its next meeting for the duration of the current term.  The remaining non-voting executive board officers have recommended a member for the vacant position to the assembly for a yes/no vote.  This has been past practice.  Can the assembly insist on having a say on determining the recommendation or will their negative vote mean the process starts all over again.

 

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Do your bylaws say anything about the executive board having the authority to, or being required to, recommend a name to fill a vacancy that must then be confirmed by the assembly? If they do, then I would say that the assembly's role seems to be to simply approve or disapprove that recommendation, and not to make its own recommendation. If the recommended person is not approved, the board would have to reconvene to select another person.

 

However, if there is no such language in your bylaws, then it sounds like some board members are simply nominating a person to fill the vacancy, and other nominations from the assembly would seem to be in order.  In this situation, you will be 'appointing' the replacement board member through an election, and yes/no voting should not be done. If there is only one nominee, he or she can be elected by acclamation, i.e., without an actual vote. If an election is held, however, you can vote against someone only by voting for someone else.

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Our bylaws states vacancies for executive board officers shall be filled by appointment by the voting assembly at its next meeting for the duration of the current term.

What do you mean by "the voting assembly"? Are you referring to the general membership? The board? The term "assembly" just refers to the members present (i.e. assembled) at a meeting. it could refer to the general members present at a meeting of the general membership or to the board members present at a meeting of the board.

 

The remaining non-voting executive board officers have recommended a member for the vacant position to the assembly for a yes/no vote.

What makes these board officers "non-voting"?

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Thanks. The assembly is made up of both the non-voting executive board officers and the the voting delegates. The bylaws state the executive board officers are non-voting.  The executive board officers were elected by the general membership. 

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